senate Bill S4980

Relates to the management of Atlantic cod

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 17 / May / 2011
    • 1ST REPORT CAL.703
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A6962

Summary

Relates to the management of Atlantic cod.

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Bill Details

See Assembly Version of this Bill:
A6962
Versions:
S4980
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0339-a, (as proposed in A.6962 of 2011) En Con L

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Sponsor Memo

BILL NUMBER:S4980

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
management of Atlantic cod

PURPOSE:
To extend the Department of Environmental Conservation's (DEC)
authority to manage Atlantic cod.

SUMMARY OF PROVISIONS:
This bill would extend DEC's authority to fix, by regulation,
management measures for Atlantic cod in State waters until December
31, 2013.

JUSTIFICATION:
DEC's regulatory authority over Atlantic cod is necessary in order to
preserve the current regulatory program. Failure to extend the
existing regulatory authority by December 31, 2011 will result in the
loss of regulatory protection of these species. Moreover, regulatory
authority is critical for New York State to maintain compliance with
Fishery Management Plans for important marine and anadromous fish
species along the cost. Failure to make necessary regulatory changes
required by Fishery Management Plans places New York in jeopardy of
closure of commercial and recreational fisheries. Finally, ECL
13-0105, which sets forth the State's marine fisheries conservation
and management policy, provides that this policy shall be carried out
through achievement of certain objectives. One of these objectives is
that the state's transboundary and migratory species shall be
consistent with any inter-jurisdictional management plans, interstate
or state-federal. Regulatory authority provides the mechanism to
react timely to the ever changing fishery management plans.

LEGISLATIVE HISTORY:
Last extended by Chapter 146 of the Laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4980

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced by Sens. JOHNSON, GRISANTI -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  management of Atlantic cod

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13-0339-a of the environmental conservation law, as
amended by chapter 146 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0339-a. Atlantic  cod  (Gadus morhua), Atlantic sturgeon (Acipenser
               oxyrhynchus), shortnose  sturgeon  (Acipenser  brevirost-
               rum),   American  eel  [(Anguillo]  (ANGUILLA  rostrata),
               Atlantic herring (Clupea horengus), American shad  (Alosa
               sapidissima),  alewife  [(Aloso]  (ALOSA pseudoharengus),
               blueback herring (Alosa aestivalis), squid (cephalopoda),
               and hickory shad (Alosa mediocris).
  1. The department may[,  until  December  thirty-first,  two  thousand
eleven,]  fix, by regulation, measures for the management of THE FOLLOW-
ING SPECIES:
  A. Atlantic cod (Gadus morhua) UNTIL DECEMBER THIRTY-FIRST, TWO  THOU-
SAND THIRTEEN,
  B.  American  eel (Anguilla rostrata) UNTIL DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN,
  C. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus  and  brevi-
rostrum) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN,
  D. Atlantic herring (Clupea horengus) UNTIL DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN,
  E.  American shad (Alosa sapidissima) UNTIL DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09065-01-1

S. 4980                             2

  F. alewife (Alosa pseudoharengus)  UNTIL  DECEMBER  THIRTY-FIRST,  TWO
THOUSAND ELEVEN,
  G.  blueback  herring  (Alosa aestivalis) UNTIL DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN,
  H. squid (cephalopoda) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEV-
EN, and
  I. hickory shad (Alosa mediocris)[, including] UNTIL DECEMBER  THIRTY-
FIRST, TWO THOUSAND ELEVEN.
  2.  SUCH  MANAGEMENT  REGULATIONS  MAY  INCLUDE size limits, catch and
possession limits, open and closed seasons, closed  areas,  restrictions
on the manner of taking and landing, requirements for permits and eligi-
bility  therefor, recordkeeping requirements, requirements on the amount
and type of fishing effort and gear, and requirements relating to trans-
portation, possession and sale, provided that such  regulations  are  no
less  restrictive  than  requirements  set  forth  in  this  chapter and
provided further that such regulations are consistent with  the  compli-
ance  requirements of applicable fishery management plans adopted by the
Atlantic  States  Marine  Fisheries  Commission  and   with   applicable
provisions  of  fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S 2. This act shall take effect immediately.

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